Law Amending The Criminal Code And Various Other Laws (Danish Criminal Authority)

Original Language Title: Lov om ændring af straffeloven og forskellige andre love(Dansk straffemyndighed)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=117482

Law amending the criminal code and various other laws

(Danish criminal authority)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

§ 1

In criminal law, see. lovbekendtgørelse nr. 1260 of 23. October 2007, as amended by Act No. 316 of 30. April 2008, is amended as follows:

1. § § 6-12 shall be replaced by the following: ' article 6. Under Danish jurisdiction hear actions





1) of the Danish State,

2) on the Danish vessel, which is located in a foreign jurisdiction, by a person who belongs to the vessel or as travelers come with this, or

3) on the Danish vessel, which are outside the regulatory area.





§ 7. Under Danish jurisdiction hear actions which shall be carried out within a foreign authority's territory of a person who, at the time the charge has Danish citizenship, residing in the territory of the Member State or has similar residence in this country, if





1) operation is also punishable under the legislation on the crime scene (double criminality) or

2) perpetrator also at the time of the crime has the mentioned association here to the country and the action





a) include sexual exploitation of children or female genital mutilation or

(b)) is directed at someone who at the time of the crime has the mentioned association here to this country.









(2). Under Danish jurisdiction include actions taken outside a jurisdiction of a person who, at the time the charge has referred to in paragraph 1 linked here to the country, whose acts of that species can lead to higher penalty than imprisonment for four months.

(3). (1). 1, and paragraph 2 shall apply mutatis mutandis with regard to the actions of a person who at the time of indictment have nationality or residing in Finland, Iceland, Norway or Sweden, and staying here in the country.

section 7 (a). Under Danish jurisdiction hear actions which shall be carried out in a foreign jurisdiction, and which are directed at someone who at the time of the crime has Danish citizenship, residing in the territory of the Member State or has similar residence in this country, if the Act is also punishable under the legislation on the crime scene (double criminality) and after Danish legislation may result in punishment by imprisonment for at least six years.

(2). Danish jurisdiction in accordance with paragraph 1 shall be subject to the Act include





1) intentionally killing,

2) aggravated assault, deprivation of liberty or robbery,

3) a dangerous crime, General

4) a crime against sexual sædeligheden or incest or

5) female genital mutilation.





(3). Under Danish jurisdiction include actions taken outside a jurisdiction, and which are directed at someone who at the time of the crime referred to in paragraph 1 linked here to the country, whose acts of that species can lead to higher penalty than imprisonment for four months.

section 7 (b). When Danish criminal jurisdiction over a legal person is subject to the double criminality of the Act, it does not include a requirement that legislation provides for criminal responsibility for the crime scene on a legal person.

§ 8. Under Danish jurisdiction hear acts carried out outside the Member State, without regard to which the offender belongs, when





1) operation violates the Danish State autonomy, security, Constitution or public authorities or an official obligation against the State,

2) operation violates the interests, if legal protection in the Danish State requires a special attachment to this,

3) operation violates an obligation, which, according to the law is the responsibility of the offender to observe abroad,

4) action violates a duty incumbent on the service offender against the Danish vessel,

5) operation is subject to an international provision, according to which Denmark is required to have criminal authority, or

6) extradition of accused for prosecution in another country is rejected, and the action, in so far as it is carried out in a foreign jurisdiction, is punishable under the legislation on the crime scene (double criminality) and operation in accordance with Danish legislation may result in punishment by imprisonment for at least 1 year.





section 8 (a). Under Danish jurisdiction hear acts carried out outside the Member State, when the actions of the species concerned are subject to the Statute of the International Criminal Court, if the operation is carried out by a person who at the time of indictment





1) have Danish citizenship, residing in the territory of the Member State or has similar residence here in the country or

2) finds himself here in the country.





section 8 (b). Under Danish jurisdiction hear acts carried out outside the Member State, when the action is within the scope of § 183 (a) and is made by a person who at the time of indictment





1) have Danish citizenship, residing in the territory of the Member State or has similar residence here in the country or

2) finds himself here in the country.





(2). Prosecution for actions covered by paragraph 1 may also include violations of § § 237 and 244-248, which are committed in connection with the infringement of § 183 (a).

§ 9. Acts shall be deemed made, where the offender found himself by the action takes place. In the case of legal persons, shall be considered as actions carried out, in which the authority or actions that would result in liability of the legal person, is carried out.

(2). If an action criminality depends on or affected by a coming into effect or intended result, shall be deemed the operation also made, where the impact occurred, or where the perpetrator has intentionally to that effect would occur.

(3). Test and medvirkenshandlinger shall be deemed made in the State, if the offender found himself here in the country by making the action, regardless of whether the offence is enforceable or intended consummated outside the Danish State.

(4). When part of an offence has been committed in the Member State, shall be considered as the offence in its entirety in order to be committed in this country.

section 9 (a). An offence relating to text, audio or video material, etc., as in actions abroad are made widely available in this country through the Internet or a similar system to the spread of information, is considered as committed in the Danish State, where the material has special relationship here to this country.

§ 10. When an operation is being prosecuted in this country, the decision on both punishment or security measures of the action taken in accordance with Danish legislation.

(2). When Danish criminal authority is dependent on the condition of dual criminality cannot be imposed more stringent penalty than provided for by the legislation on the crime scene.

section 10 (a). A person against whom there outside of the Danish State is handed down a conviction, could not be prosecuted in this country for the same operation, when this is out of the question, according to Denmark's international obligations concerning the recognition of criminal judgments the force of law.

(2). In other cases, a person against whom there outside of the Danish State is handed down a conviction, will not be prosecuted in this country for the same action, if





1) character is finally acquitted,

2) the criminal sanction is enforced, is under enforcement or withdrawal in accordance with the law of the Forum or

3) the person is found guilty, without that there is no penalty.





(3). Paragraph 2 shall not apply where





1) the foreign criminal conviction relates to acts which





(a)) shall be deemed made in the Danish State under section 9 or section 9 (a), or

(b)) is subject to section 7, paragraph 1, no. 2, or section 8, no. 1 or 2,





2) prosecution in this country takes place pursuant to civil code section 985 a or

3) recognition of the foreign criminal conviction will be manifestly incompatible with Danish legal principles.





(4). In the cases referred to in paragraph 3, no. 1, prosecution in this country does not happen when prosecution of the Forum has been made at the request of the Danish Public Prosecutor.

section 10 (b). prosecution happens against a person who is outside the Danish State has imposed a penalty for the same offence, the penalty imposed in this country, shall be reduced to the extent that the foreign penalty is enforced.

§ 11. Is a person who has Danish citizenship, residing in the territory of the Member State or has similar residence in this country, in a foreign State is punished for an act which, according to Danish law may result in disqualification or forfeiture of vocation or profession or other disqualification of this right can take place after public reprimand here in the country.

§ 12. The application of §§ 6-11 limited by exceptions recognized in international law. '

§ 2

In the code of civil procedure, see. lovbekendtgørelse nr. 1261 by 23. October 2007, as amended most recently by § 1 of lov nr. 168 of 12. March 2008, is amended as follows:

1. Pursuant to section 985 is inserted:


» section 985 a. the Special Court of final appeal may, in accordance with the Danish national lawyer's request, allow the prosecution of a matter that is dealt with by a court outside of the Danish State, and where the accused is acquitted, takes place here in the country when the conditions in section 976 (1). 1, are fulfilled.

(2). section 979, paragraph 2 1. and (4). paragraph, section, section 980 981, paragraphs 1 and 3, § 982, 1. section, and section 985 shall apply mutatis mutandis.

(3). The case dealt with by the District Court in accordance with the General rules on the main debate in 1. instance. '

§ 3

In Act No. 156 out of 10. May 1967 laying down certain measures in accordance with the Charter of the United Nations, as amended by section 2 of Act No. 228 of 6. June 1985, is amended as follows:

1. section 1, paragraph 3 is replaced by the following: ' (3). The measures may include actions which are carried out outside the Member State of a person who holds Danish citizenship, residing in the territory of the Member State or has similar residence in this country. '

§ 4

Of the Act on weapons and explosives, see. lovbekendtgørelse nr. 1316 of 26. November 2007, is amended as follows:

1. In paragraph 7 (c), paragraph 5, the words ' or were resident in the Danish State ' to: ', was residing in the territory of the Member State or had similar shall stay in this country '.

§ 5

The law on the use of certain of the European Community acts on economic relations to third countries, etc., see. lovbekendtgørelse nr. 474 of 14. June 2005, is amended as follows:

1. In article 2, paragraph 9, the words ' or were resident in the Danish State ' to: ', was residing in the territory of the Member State or had similar shall stay in this country '.

§ 6

Of the Act on radio frequencies, without prejudice. lovbekendtgørelse nr. 680 of 23. June 2004, as amended by section 2 of Act No. 545 of 8. June 2006, is amended as follows:

1. In article 54, paragraph 2, no. 2, the words ' or resident in the Member State ' are replaced by: ', is a resident of the Member State or has similar residence here in the country '.

§ 7

In Act No. 252 of 12. June 1975 on transfer to other country of prosecution in criminal proceedings, as amended by section 4 of Act No. 322 of 4. June 1986, is amended as follows:

1. In article 3, paragraph 2, the words ' article 8, paragraph 1, no. 5 ' to: ' section 8, no. 5 '.

§ 8

The law shall enter into force on the 1. July 2008.

§ 9

(1). § § 1, 2 and 4 to 7 shall not apply to the Faroe Islands and Greenland.

(2). Act §§ 1 and 7 may by Royal Decree be set wholly or partially in force for Faroe Islands with the changes, as the special Faroese conditions warrant.

(3). Section 6 may, by Royal Decree be totally or partially into force for Greenland of the changes, as the special Greenlandic conditions warrant.
Given at Christiansborg Palace, on 17 March. June 2008 MARGRETHE r./Lene Espersen